Terms and conditions
Last updated: Mar 12th, 2017
The terms and conditions stated herein (collectively, this "Agreement") constitute a legal agreement between you and BOOMERANG SA (Pty) Ltd. (trading as Boomerang), a South African Company. By using or receiving any services supplied to you by the Company (together with the website located at Boomerang.com, collectively, the "Service"), and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the "Software and Cleaning service"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at Boomerang.com/terms or through the Service.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at email@example.com.
BOOMERANG PROVIDES AN END TO END CLEANING SERVICES. THE EMPLOYEES OF BOOMERANG ARE FULL TIME EMPLOYEES AND BENEFIT FROM AN EXTENSIVE FULL TIME PACKAGE. DUE TO THE NATURE OF THIS MODEL UNLIKE MANY OTHER CLEANING SERVICES WE HAVE AN EXTREMELY LOW TURNOVER OF STAFF DUE TO THE FACILTIES PROVIDED BY THE COMPANY AND VERY FEW INCIDENCES EVER RECORED.
Boomerang Staff Representation
The Company checks the backgrounds of cleaning service providers; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such cleaning service providers. The company will however endeavour to ensure that all measures are taken to provide an exceptional service on each occasion. When interacting with cleaning service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved. Neither the company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the service. The company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the service.
Representations and Warranties
By using the Software or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Without limiting the foregoing, the Service and Software is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Software and Service, you represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts. By using the Software and Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software and Service you agree to comply with all applicable laws from the country, state and city in which you are present while using the Software or Service.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset.
By using the Software and Service, you agree that:
License Grant & Restrictions
The Company hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet "links" to the Service or "frame" or "mirror" any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the Software; (v) access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
You may use the Software and Service only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.
Any fees which the Company may charge you for the Software or Service are due prior to your cleaning in order to confirm an appointment for your cleaning, and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company's decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service.
Use of the Service
Where we describe Service Providers as “vetted” or similar, we are promising only that we have carried out certain checks as specified on our Website at the time you make a Booking and that those checks did not reveal any cause for concern. You use Service Providers at your risk.
Supply of Services:
Payment for Services / Cancellation by You:
You must maintain a valid cheque / credit card registered on our Website. You must ensure that all contact and payment information (eg email address, physical addresses, cheque / credit card numbers) which you provide is accurate and not misleading and that you will update it so that it remains so.
Prices include any applicable VAT or other sales tax unless otherwise stated.
Upon booking, The Company will reserve the estimated booking amount on your active cheque / credit card. Once the cleaning has been completed, the full actual amount due for the booking appointment will be debited from your active cheque / credit card. For Repeat Bookings, you authorise us to charge your cheque / credit card after the scheduled end-time for the visit.
We may at any time change the prices. We will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should cancel this agreement as explained below. Otherwise the Services supplied after the expiry of the one month’s notice will be at the new price.
You can at any time cancel any individual visit, a Repeat Booking or this agreement as a whole via the platform or by contacting us. There is no charge if you cancel the appointment before the cut-off time of 15h00, the day before the appointment start date for the Service Provider visit. If so, you will not be charged for the cleaning appointment. If you cancel after the cut-off time of 15h00, the night before the appointment start date, then we will charge Boomerang’s administrative and Service Provider's transport and/or lost earnings fees as applicable and as stated on our Website and booking confirmation email. This will happen by debit from your cheque / credit card and you authorise us to charge your card accordingly.
If there is a no-show and you notify us via our Website within 24 hours after the scheduled start time, then we will at your option provide either a full refund of any payment made for that visit or else use reasonable endeavours to re-arrange the visit. We reserve the right not to make a refund or re-arrange a visit if we are not notified within that 24 hour period.
If any amount due by you is unpaid, we may:
Cancellation by us:
We may at any time without cause cancel any particular Booking or this agreement as a whole including your right to use our Website, giving notice by email to the extent reasonably practicable. If so, we will refund any amounts due to you for outstanding paid for cleaning appointments.
Following cancellation of this agreement:
Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Website if we have given you notice of cancellation.
Changes to the terms and conditions:
We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised agreement if you continue to use our Website or the Services following the effective date shown.
Content of other Users:
We do not endorse or recommend any Reviews by other Users. You rely on such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Reviews.
Your account on our Website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
Functioning of our Website:
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything that may not legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Service or Software, you hereby assign to the Company all right, title and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
Privacy; ECT Act
Please visit Boomerang.com/privacy to understand how the Company collects and uses personal information. The Electronic Communications and Transactions Act of 2002 (the "ECT" Act) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under South African copyright law. If you believe in good faith that any content made available in connection with the Service and Software infringes your copyright, you (or your agent) may send the Company a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the ECT Act (//www.internet.org.za/ect_act.html). Notices and counter notices with respect to the Service or Software should be sent to the Company at:
By Email: firstname.lastname@example.org
Third Party Interactions
During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
By entering into this Agreement and using the Software or Service, you agree to defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of cleaning services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.
The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service, for any reason, including if the Company believes that you have violated this Agreement. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. The Company will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Company.
Disclaimer of Warranties
The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or software. The company does not represent or warrant that (a) the use of the service or software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service or software (including any cleaning services) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service (including any cleaning services) will meet your requirements or expectations, (e) errors or defects in the service or software will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and software is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. The company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third party services or products, remains solely with you, to the maximum extent permitted by law.
The company's service and software may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications networks and electronic communications. The company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
In no event shall the company's aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim. In no event shall the company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the service or software, including but not limited to the use or inability to use the service or software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or software, even if the company and/or its licensors have been previously advised of the possibility of such damages.
The company may introduce you to third party cleaning service providers for the purposes of providing cleaning services. We will not assess the suitability, legality or ability of any third party cleaning service providers and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third party cleaning service provider. The company will not be a party to disputes, negotiations of disputes between you and such third party providers. Responsibility for the decisions you make regarding services offered via the software or service (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such third parties and you expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the software or service, or in any way related to the third parties introduced to you by the software or service.
The quality of the cleaning services scheduled through the use of the service or software is entirely the responsibility of the third party provider who ultimately provides such cleaning services to you. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
By using the service or software, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. If you do not think they are reasonable, you must not use the service or software.
The Boomerang Satisfaction Guarantee is available to Users of the Service and is the sole liability of The Company to Users of the Service. If you are not satisfied with the quality of the initial Service requested and paid for through the online Platform, then another Service Provider will be provided to re-perform the Service ordered at no additional charge to the User. The hours granted will be based on tasks completed poorly or not completed at all at the discretion of the Company.
The Satisfaction Guarantee also provides certain limited additional protections and insurance. Pursuant to the Satisfaction Guarantee and subject to the below conditions and limitations, the Company will compensate Users: (a) up to R5 000.00 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during a booking; or (b) up to R5 000.00 for losses arising from the theft of a User’s property by a Service Provider during a booking. The User is eligible for the Satisfaction Guarantee provided that the Requester reports the issue within seventy-two (48) hours of the booking appointment via email to email@example.com. For recurring services, each booking is treated as a separate occurrence.
Satisfaction Guarantee - Conditions & Exclusions; Your Personal Insurance:
If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), you agree that your Personal Insurance is primary and the Satisfaction Guarantee is secondary. The Satisfaction Guarantee will only compensate for losses to the extent not otherwise covered by Your Personal Insurance.
Coverage Under the Satisfaction Guarantee:
A User will be covered under the Satisfaction Guarantee for every booking, subject to the exclusions below, provided:
What is excluded from the Satisfaction Guarantee? The “Satisfaction Guarantee” does not cover the following:
How do I submit a Claim?
First report of a claim must be made 48 hours after booking occurs. After first report, you will be asked to complete the full claim form within 7 days of receipt. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During the Company’s claims assessment process, you will be required to provide written detailed: (i) proof of ownership of damaged/missing item (ii) proof of value of damaged/missing item and (iii) proof of damage or loss. You also agree to: (i) protect and preserve any damaged property that is the basis of a claim from further damage, (ii) assist and allow the Company or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim, (iii) accept repairs and/or remediation by a Service Provider, (iv) request or accept a replacement only if repairs are proven not to be an option, (v) submit requested materials by the dates outlined by the Company’s resolutions team, and (vi) accept a replacement item subject to the standard depreciation of that item. If any part of your claim is approved, then as a condition to any payment to you under the Satisfaction Guarantee, you will be required to execute and deliver to the Company a release agreement and assign to the Company or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approval claims and any rights in any property that is recovered.
The Company may give notice to you by means of a general notice on the Service, electronic mail to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following addresses (whichever is appropriate): Moorings 2, Portswood Ridge, Waterfront, Cape Town, 8002.
Controlling Law and Jurisdiction
This Website is controlled, operated and administered by Boomerang from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the Services sold on the Website is illegal is prohibited. You may not use this Website in violation of South African laws and regulations. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions.